phoenix fire publishing contract
This is a copy of the contract that was never signed by Beth Wright.
Phoenix Fire Publishing
address removed, but saved. I’m going to give Tabetha a phone call
This publishing agreement is entered into and effective on the date signed by both parties, initialized between ______________ herein known as Author and Phoenix Fire Publishing herein known as publisher, concerning work presently known as ______________ herein called the work.
The contract is considered legal and binding in all countries. If there should be any legal dispute the laws of the state of Texas shall apply.
- The Author hereby represents and warrants to the Publisher the following:
- She/He (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.
- The work is original and no part of the work was taken or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.
- The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or stator law.
- The work is not the public domain and has not been published in any format with any company that may still own the rights to the work.
- The Author holds the power of Authority to grant these rights.
- If the work has been previously published in whole or part, the Author currently holds all copyrights to the work and is legally permitted to enter this agreement.
- The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the work or the Author.
- Author agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright of proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work.
- Author warrants that they will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to the Publisher during the term of this contract.
- Should this title be part of a series, Author guarantees Publisher first option on the rest of the series or on any title in which the characters appear.
- If Publisher requests rewrites of the Author, Author guarantees prompt responses to all correspondence either electronic or paper. If a rewrite deadline is give and Author does not acknowledge the deadline within 3 days or keep the deadline this contract may be terminated.
Grantor of Rights:
A. The Author on behalf of himself/herself and his or her heirs executors, administrators, successors, and assignees, agrees to grant the Publisher exclusive rights to produce and sell the work in print and electronic format(including email, download, disk, CD, or any other digital format known or to be invented).
B. The Author may request their book to be put into POD (Print on Demand) at the author’s expense. Author agrees to pay printing cost to the publisher prior to the publisher submitting and ordering the work to be printed.
- The Createspace fee is $42.50 which includes; ISBN, Expanded Distribution, and one proof copy (per title).
II. The Cover Art Fee of $20.00 which will be paid directly to the cover artist and receipt of payment must be given to Phoenix Fire Publishing to show cover art has been paid in full to the artist.
C. The Publisher will provide Phoenix Fire approved editors. If the Author does not want the Phoenix Fire editors to provide the editing services then the Author will be fully responsible to pay for and provide their own editing for their manuscript.
D. The Author agrees to cooperate with the editor, design team, and to meet all deadlines set by the editor, design team and the Publisher.
Terms of Contract:
- All rights will be exclusive for 2 years from the publication date of the manuscript. At the end of the contract term it may be renewed for an additional 2 years if both parties are in agreement. If the Author wishes the contract to continue Author needs to contract Publisher in writing at least 30 days prior ro the expiration of the contract.
- The Publisher holds the rights to set the price of the work put said work on sale, lower the price of the work if it is not selling copies. If the title has not sold any copies in 1 month the Publisher will automatically lower the price of the book. If at the end of 3 months no copies have sold the Publisher has the right to remove the work and void this contract at which time all rights would revert to the Author.
- Upon breach of contract, the contract may be terminated by either party with a 30 day written notice. Notification of breach and intention to terminate the contract is to be delivered by certified mail, email, or other receipted delivery service. If breaching party corrects breach within 30 days the contract shall continue to remain in place until its natural expiration. Upon expiration of the contract term all rights granted to the Publisher will revert back to the Author when the release form and slander disclaimer is signed and returned.
- Author may petition the Publisher to terminate the contract at any time during the term of the contract but it will cost the Author $350.00 for editing and formatting, which is not limited to PR, book trailers, swag gifts, and any additional work the Publisher may have done. This will be the total fee to terminate the contract before the two years has ended.
Royalties and Statements:
- Publisher and Author will mutually set the retail price of the work based on length and comparable works. Publisher agrees to pay the Author a royalty of 50% of the retail E Book price. Publisher agrees to pay 60% royalty of the retail print price.
- Royalties shall be calculated and paid no later than 45 days following the end of each calendar quarter for sales during that quarter. Royalties shall be paid by either money order or PayPal.
- No royalty shall be paid on paper or digital copies distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at cost.
- If Author has elected to grant Publisher the right to contract various distributors and outlets, royalties will be paid to Author contingent on payment received from distributor. In most cases distributors pay Publishers every sixty days to ninety days for sales through their channels during those time frames.
- The Author is responsible for paying taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes. A 1099misc form can be sent to the author if necessary.
- Author shall provide an acceptable final revision of the manuscript in Microsoft Word within the time agreed upon or this contract will be void. Publisher will not be held liable for lost manuscripts. Author should always keep a backup copy.
Marketing and Promotion:
- The Author shall provide the Publisher with bio information, photo, and suggested blurb for use on all Publisher’s social sites. Author agrees to give Publisher the right to use Author’s name, likeness, title of work, for publishing, advertising, and promoting the work. Publisher reserves the right to edit or rewrite the blurb submitted by Author.
- If the cover artist provided by Phoenix Fire is not of the quality the author prefers they will be responsible for any additional costs and Phoenix Fire must approve of the cover art before the work is to be in print. If the Author has their own cover art it must be copyright free and Phoenix Fire must approve of the final cover.
- Author agrees to self-promote the work to the best of their ability. If Author has a social site they may use the first 10 pages of the work to post on the site or sites to give away teasers to promote the work provided it includes a link to Phoenix Fire.
- Publisher will send out the work for review to no less than 3 review sites. Author may request a review copy in ebook format. Authors are encouraged to solicit reviews along with the Publisher. For added promotional purposes, Publisher and Authors agree to notify each other as to what review sites submissions have been made.
- Publisher can provide discounted copies to Author for signings and promotions at Author’s cost and have them shipped directly to the Author.
- Publisher agrees to provide Author with marketing and pr services and guidance to the best of their ability. This includes pre release reviews, interviews, book trailers, and blog spots.
- Author can request custom swag by Publisher but will be responsible for the cost of materials, which includes; 8×10 posters, rackcards, paper bookmarks, custom charm bookmarks, purse charms, key chains, and book thongs. Material costs can be invoiced through PayPal and once made shipped directly to Author. Publisher can do these swag projects or seek out a custom designer Must Love Fangs for them; again Author will be responsible for the cost.
- Author agrees to keep some sort of social site available for promotion. An Author or Book Facebook page will be sufficient.
Phoenix Fire Publishing may at any time sell itself, or majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.
Bankruptcy: If Phoenix Fire is legally judged bankrupt or liquidates its business this contract shall be terminated effectively and all rights granted to Phoenix Fire shall be terminated.
This contract hereby constitutes the entire agreement between the Author and Publisher and supersedes all previous agreements regarding the work whether oral or in writing. Modification of this contract may only occur in writing signed by both parties.
Title of Work: __________________________________________
Pen Name if Any: _________________________________________
Street Address: ___________________________________________
City, State, Zip: __________________________________________
Phone Number: ____________________________________________
Email Address: ____________________________________________
Author’s Signature: _________________________________________
PayPal Info for Payments: _____________________________________
Phoenix Fire Signatures:
Tabetha Jones/Owner: __________________________________
Eric Henley/Owner: ________________________________